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90_SC0043 ILCON, Art. VI, Sec. 15 Proposes to amend the Judiciary Article of the Illinois Constitution to delete language preventing retired Judges and Associate Judges who perform judicial services from receiving retirement benefits in addition to applicable compensation for the services performed. Effective upon approval by the electors. LRB9007682DPcw LRB9007682DPcw 1 SENATE JOINT RESOLUTION 2 CONSTITUTIONAL AMENDMENT 3 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY 4 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 5 CONCURRING HEREIN, that there shall be submitted to the 6 electors of the State for adoption or rejection at the 7 general election next occurring at least 6 months after the 8 adoption of this resolution a proposition to amend Section 15 9 of Article VI of the Illinois Constitution as follows: 10 ARTICLE VI 11 THE JUDICIARY 12 (ILCON Art. VI, Sec. 15) 13 SECTION 15. RETIREMENT - DISCIPLINE 14 (a) The General Assembly may provide by law for the 15 retirement of Judges and Associate Judges at a prescribed 16 age. Any retired Judge or Associate Judge, with his consent, 17 may be assigned by the Supreme Court to judicial service for 18 which he shall receive the applicable compensation
in lieu of19 retirement benefits. A retired Associate Judge may be 20 assigned only as an Associate Judge. 21 (b) A Judicial Inquiry Board is created. The Supreme 22 Court shall select two Circuit Judges as members and the 23 Governor shall appoint four persons who are not lawyers and 24 three lawyers as members of the Board. No more than two of 25 the lawyers and two of the non-lawyers appointed by the 26 Governor shall be members of the same political party. The 27 terms of Board members shall be four years. A vacancy on the 28 Board shall be filled for a full term in the manner the 29 original appointment was made. No member may serve on the 30 Board more than eight years. 31 (c) The Board shall be convened permanently, with 32 authority to conduct investigations, receive or initiate 33 complaints concerning a Judge or Associate Judge, and file -2- LRB9007682DPcw 1 complaints with the Courts Commission. The Board shall not 2 file a complaint unless five members believe that a 3 reasonable basis exists (1) to charge the Judge or Associate 4 Judge with willful misconduct in office, persistent failure 5 to perform his duties, or other conduct that is prejudicial 6 to the administration of justice or that brings the judicial 7 office into disrepute, or (2) to charge that the Judge or 8 Associate Judge is physically or mentally unable to perform 9 his duties. All proceedings of the Board shall be 10 confidential except the filing of a complaint with the Courts 11 Commission. The Board shall prosecute the complaint. 12 (d) The Board shall adopt rules governing its 13 procedures. It shall have subpoena power and authority to 14 appoint and direct its staff. Members of the Board who are 15 not Judges shall receive per diem compensation and necessary 16 expenses; members who are Judges shall receive necessary 17 expenses only. The General Assembly by law shall appropriate 18 funds for the operation of the Board. 19 (e) A Courts Commission is created consisting of one 20 Supreme Court Judge selected by that Court, who shall be its 21 chairman, two Appellate Court Judges selected by that Court, 22 and two Circuit Judges selected by the Supreme Court. The 23 Commission shall be convened permanently to hear complaints 24 filed by the Judicial Inquiry Board. The Commission shall 25 have authority after notice and public hearing, (1) to remove 26 from office, suspend without pay, censure or reprimand a 27 Judge or Associate Judge for willful misconduct in office, 28 persistent failure to perform his duties, or other conduct 29 that is prejudicial to the administration of justice or that 30 brings the judicial office into disrepute, or (2) to suspend, 31 with or without pay, or retire a Judge or Associate Judge who 32 is physically or mentally unable to perform his duties. 33 (f) The concurrence of three members of the Commission 34 shall be necessary for a decision. The decision of the -3- LRB9007682DPcw 1 Commission shall be final. 2 (g) The Commission shall adopt rules governing its 3 procedures and shall have power to issue subpoenas. The 4 General Assembly shall provide by law for the expenses of the 5 Commission. 6 (Source: Illinois Constitution.) 7 SCHEDULE 8 This Constitutional Amendment takes effect upon approval 9 by the electors of this State.
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